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"sheriff's costs," but they shall, in no sense, belong to or be the property of the sheriff, but shall belong to and be the property of the county, except that in the execution of all processes issued from any other county than that of his residence, the sheriff shall be entitled to charge and collect the same fees for like services in similar cases, and which shall be his own. They shall tax and charge the following amounts, to wit: For serving a writ in a criminal case and taking into custody, twentyfive cents.
For each mile necessarily traveled in going to serve process or notice and returning, ten cents. And where there is more than one person named in a warrant, summons, subpoena, execution, fee bill, or in any other process that the sheriff may have to serve in the discharge of his official duties, he shall charge on such process but one mileage from the county seat to where he finds the first person named in any such process, and but one mileage for every additional mile traveled by him in serving and returning such process where there is more than one party to be served.
For taking bail on execution, twenty-five cents.
For taking recognizance, twenty-five cents.
For returning writ, ten cents.
For summoning a jury of twelve men, with mileage as above, one dollar.
For summoning a special venire, for each juror served, with mileage as above, ten cents.
For executing a writ of possession (and mileage as above), fifty
For every person committed to jail, to be paid by the county, twentyfive cents.
For discharging each prisoner from jail, to be paid by the county, twenty-five cents.
For holding an inquisition, and drawing it up in form and returning the same, fifty cents.
For removing a person to the state prison, reform school for boys, or reformatory for women and girls, four cents a mile for each mile necessarily traveled for each person in custody, the sheriff and attendants allowed by law who may actually accompany such sheriff; such sum to be paid out of the state treasury on certificate of the warden or officer receiving the prisoner and on the verified statement of such sheriff made and filed with the auditor of state, who shall draw his warrant therefor.
For removing a person to a hospital for the insane the same compensation paid for taking a person to the state prison and reformatories, to be paid in like manner out of the county treasury, the sheriff making his verified statement thereon with the certificate of the superintendent or receiving officer of such hospital to the county auditor, who shall draw his warrant therefor.
For every mile necessarily traveled in going to and returning from comparing the vote for, and giving certificate to joint senator or joint
representative, three cents to be paid out of the county treasury of the county of said sheriff's residence, on the verified statement of such sheriff filed with the county auditor, who shall draw his warrant therefor.
For returning any person from any hospital for the insane when required by law the same compensation to be paid in the same manner as when taking a person to such hospital.
For serving each person named in any process and return, forty cents, and for each copy required, twenty-five cents.
Selling property on execution or decree, a commission of three per centum on the first three hundred dollars, and one and one-half per centum on any excess above that amount; but when the money is paid to him without sale, one-half of the above commission only shall be allowed and mileage as above.
Taking appraisement of real estate, twenty-five cents.
Taking inventory and appraisement of personal property, twentyfive cents.
Taking replevin bond, twenty-five cents.
Serving capias and satisfaciendum, twenty-five cents.
Levying on property and advertising same (with mileage as above), one dollar.
When no money is made no other fee or award shall be allowed on execution except for the expenses of keeping property, and expenses incurred in removing and storing property, and mileage as in other
Making certificate of sale on execution or decree, one dollar.
Making deed, one dollar.
Calling and empaneling a jury, five cents.
Serving a writ of attachment where property is taken (with mileage as above), fifty cents.
For each day employed in making inventory and appraisement of property taken under a writ of attachment, two dollars.
Taking bond for return of attachment property, twenty-five cents. For docketing each cause and names of witnesses on sheriff's docket (to be taxed to the losing party), ten cents.
For the actual number of miles traveled in going and returning to post up notices for the sale of any real or personal property (to be taxed and collected as other costs in the cause are taxed), for each mile so traveled as above, ten cents.
Sheriffs shall not be entitled to any fees for services performed by their bailiffs, when such bailiffs are receiving pay by the day from the county at the time such services are rendered. The sheriff shall appoint as many bailiffs at each term of the court as the business of the court and grand jury shall require, under the advice and consent of the judge of the court as to the number required. The pay of the court bailiffs shall be fixed by the court and shall not exceed, to be paid by the county, per day, two dollars.
In counties where there are criminal and superior courts, the judge
of each court may appoint a bailiff, to be paid by the county, such bailiff's per diem to be paid by the county and not to exceed two dollars. The pay of riding bailiffs per day, to be paid by the county, shall be, two dollars and fifty cents.
The fees taxed on any process served by bailiffs, being paid by the county, shall be collected and paid into the county treasury, and shall belong to the county.
For boarding each person lawfully in his charge, per day, forty cents. In criminal cases not provided for, the like fee for servces in civil cases shall be allowed.
For collecting fee bills, except for his own fee, on the amounts collected, six per cent.
For taking a prisoner to another county on any warrant issued by the clerk, the same compensation as allowed for taking a prisoner to the state prison, to be paid by the county requiring the service, to be allowed by the court.
For each commitment or discharge of a prisoner under the authority of any city or incorporated town, to be paid by such city or town, twenty cents.
For attending court, in person or by deputy, for each actual day's attendance, to be paid by the county, two dollars.
In all cases where the sheriff shall perform any service for the county required by law to be performed by him, and there is no provision for its payment, the board of county commissioners shall allow and pay such sheriff the same compensation as is allowed by law for similar services; but the sheriff shall make out an itemized statement of all such services performed for such county before such allowance is made; but such allowance shall not be made unless such statement shall be filed with the auditor ten days before the commissioners' court meets, and any taxpayer may resist the allowance of said account.
In counties where there are no jails or sheriff's residences, the board of county commissioners shall allow to such sheriff a reasonable amount for house rent and fuel.
This act amends section 6528, Burns' R. S. 1901, and see notes to such section.
[Acts 1903, p. 323. In force March 9, 1903.]
6530. Reports and payment of fees.-124. The clerks, auditors, treasurers, sheriffs and recorders of each county shall, on the first Monday of December, March, June and September of each year, make a sworn report to the county auditor in writing, showing specifically the amount of fees collected during the preceding three months, and they shall pay to the county treasurer the amount shown by said report and take the county treasurer's receipt therefor, which receipt shall be filed in the county auditor's office, and the auditor shall give to the officer a quietus for the amount paid by such officer and which sum shall be kept by the auditor and treasurer of each county until the end of the term of office of the officer paying in such fund, and after the salary of such officer shall have been paid, the excess of such fund, if any,
after the payment of such salary or salaries, shall be covered into the county fund: And provided, further, That all accumulations of such funds now held by such said auditor or treasurer shall, immediately upon the passage of this act, covered to the county fund.
This act amends section 6530, Burns' R. S. 1901.
If a county officer fails to pay to the county treasurer the fees collected by him in excess of his salary, the county may sue on his bond to recover the amount due. Shilling v. State, 158 Ind. 185.
Salaries, payment, fees equaling.
If the fees paid over by one county officer does not equal the amount of his salary, he can not claim that the balance due him shall be paid out of fees collected and paid into the treasury by other officers. James v. Board, 27 App. 491.
If a county treasurer, under a mistaken view of the law, is paid more salary than he is entitled to receive, the excess may be recovered in an action by the county. Sudbury v. Board, 157 Ind. 446.
[Acts 1903, p. 140. In force March 3, 1903.]
6532a. Deficiency in salaries, payment.-1. That in each and every county in the State of Indiana where the fees collected respectively by the sheriff and the clerk of the circuit court of such county have not equalled the salary of such respective officers, as now fixed and provided by law, the board of county commissioners of such county shall proceed forthwith to allow out of the treasury of such county and belonging to such county and not otherwise appropriated, and pay to each of such respective officers the salary now provided by law: Provided, That before any such payments are made either to the present officers or to those whose term of office has expired a fee bill for all unpaid costs which have been taxed shall have been issued, served in person upon the debtor and a demand made for payment and a levy upon and a sale of property if any can be found. The officer serving the same in making return of such fee bill shall set out in detail why collection of such fees has not been made, but such fee bills shall not issue if the debtor is a non-resident of the state or his residence is not known and upon reasonable inquiry can not be ascertained: Provided, however, That all fees so collected by such officers shall have been or shall be by such officer or his successor or successors turned into the county treasury before such payment, so that in no event shall any such officer receive any sum or sums of money, directly or indirectly, in excess of the salary of any such officer, as now provided by law: And provided, further, That this act shall not apply to any clerk or sheriff whose term of office expired prior to January 1, 1900.
6532b. Fees collected and uncollected, report. 2. That in each and every county in this state the clerk of the circuit court and the sheriff thereof, as set forth in section 1 of this act, shall file with their quarterly reports to the board of commissioners of such county, as now provided by law, an itemized statement of all fee[s] collected and fees not collected by them, together with a specific statement of the reasons why such fees were not collected, and it shall be the duty of such board to
examine such lists and pass upon the fees of each cause so reported and not collected, separately, and determine whether or not such uncollected fees are collectible, and shall endorse upon such report their conclusions thereon. All fees by said board determined to be uncollectible shall be allowed such clerk or sheriff, and the amount thereof shall be by such board ordered paid out of the county treasury. And the amount of all such fees so reported and not determined by the board to be uncollectible shall not be allowed or paid such clerks or sheriffs, but may be reported by such sheriff or clerk in any subsequent report for further consideration by such board, and such board may again pass upon them as upon the first report. Upon such report being made and passed upon by such board of commissioners, it shall be the duty of such board to allow and pay to such clerk or sheriff the full amount of his quarterly salary, less the amount of such fees determined to be collected [collectible], but not collected, out of any money in the treasury of such county, belonging to such county and not otherwise appropriated, notwithstanding the fact that the fees collected by such officer, or earned by him, have not equaled such salary: Provided, however, That all fees so collectible by any such officer shall have been or shall be by such officer turned into the county treasury before such payment, so that in no event shall such officer or officers receive any sum or sums of money, directly or indirectly, in excess of the salary of such officer, as now provided by law.
It is unlawful for the county commissioners to allow to a county treasurer, out of the county funds, interest on money loaned by such treasurer to the county to pay the obligations of the county. State v. Windle, 156 Ind. 648.
If a county officer is allowed money out of the county treasury which he is not legally entitled to receive, such money may be recovered in an action by the county. Sudbury v. Board, 157 Ind. 446; Tucker v. State, 163 Ind. 403.
6549. Extortion, penalty.
An action on the bond of an officer for extortion will not lie under section 6549, Burns' R. S. 1901, as such section creates a personal liability only. State v. Bagby, 160 Ind. 669.